Question on renting when the landlord has multiple applications

[Hari Sarvotama]

I applied for renting a home and paid $80 for background check through an Agent. The Agent confirmed that there are no other applications that time. Looks like, another applicant also applied and they also paid for background check. Now the landlord tells me that both applications are under consideration and he has to reject one. My questions are:

1. Is it legal for the landlord to accept second application when I have paid for background check?

2.The future landlord does not have any reason to reject since we have clean background. In multiple application scenerio, on what legal basis the Landlord can reject an Applicant? Can they reject on basis that the other applicant has offered to pay more? Is it legal?

Thanks

[Bridgette Delva]

@Hari Sarvotama to my knowledge there is absolutely nothing that prevents a landlord from selecting the candidate they think is best qualified and also nothing that prevents them from accepting as many applications as they want. The point of an application is to determine if you qualify and it’s not a guarantee that you get the lease.

As a landlord I would assess who has the best history, record and, in present day, who has the most job stability and highest income.

Unfortunate there’s nothing you can do accept wait and see if you’re selected just like when you are making an offer to buy a house; there’s nothing that says a private landlord has to sign the lease based on first come, first served.

I would say you should ask the PM what criteria will be used to make the selection for your own understanding and work on identifying your alternatives.

I know would be disappointing to be rejected but there’s nothing illegal going on.

Good luck!

[Bjorn Ahlblad]

@Hari Sarvotama as long as the LL is not discriminating against a protected group then what @Bridgette Delva said is completely correct. In some jurisdictions-Seattle comes to mind-the LL has to accept the first candidate who qualifies. And in some other jurisdictions where the money comes from-sect 8 or regular income-has to be treated as equal. 

I am told that in Oakland Ca, a LL is not allowed to run a background check (hard to keep a straight face). But I don't think the Mayor has the juice to enforce that. 

I have only had a couple of situations where I have run a BG and CC on more than one applicant and in those cases I have refunded the cost to the applicants who did not get the apartment. 

These days there is always a flood of applicants for any decent accommodations. All the best!

[Kyle J.]

@Hari Sarvotama You didn’t mention where you’re located and that can make a difference.

For example, in my state (like most states), there’s no state law that prohibits a landlord from collecting multiple applications and then selecting the most qualified applicant. Provided, of course, that the landlord isn’t discriminating based on any protected classification (i.e. race, religion, gender, etc).

However, some individual cities (like Seattle for example) have passed ordinances that require landlords to use a “first come, first served” type of system and basically accept the first qualified applicant that applied.  But there can be nuances and exceptions in even those ordinances.

The best thing to do is research the local landlord-tenant laws for the specific jurisdiction where the rental you’re applying at is located in. That’s the only way to know for sure.